Banks win fees overdraft battle

Wednesday 25th November 2009, 9:50AM GMT.

High Street banks won their appeal today over unauthorised overdraft charges. The Supreme Court ruled in favour of the seven major banks and a building society.

They had challenged High Court and Court of Appeal decisions that the charges come under “unfair contract” rules and are therefore subject to regulation by the Office of Fair Trading.

Today’s result was awaited by tens of thousands of customers whose refund claims have been frozen while the test case went through the courts.

At a hearing in June, the Law Lords, who then sat at the House of Lords, were told free banking was only made possible by the charges levied when customers went into unauthorised overdraft.

It is estimated that on top of the customers whose refund claims have been frozen, up to eight million people may have paid unauthorised overdraft charges since July 2001, but have not yet submitted a claim to get their money back.

Customers who go into unauthorised overdraft or breach their agreed limit can be charged £35 or more for a single bounced payment.

Campaigners claim the actual cost to the banks could be as little as £2.50.

If the banks had lost the test case, it could have cost them £2.6 billion a year in lost revenue and led to their having to make refunds of up to £1 billion.

Before refund claims were frozen, some banks had already paid out more than £559 million to customers who complained about “rip-off” overdraft charges.

The test case was brought jointly by the OFT and Abbey, Barclays, Clydesdale, Halifax Bank of Scotland and Lloyds TSB, which are now part of the same group, HSBC, Royal Bank of Scotland Group and Nationwide Building Society.


  1. 1
    Lucy W

    GOOD!!!

    Why should the financially prudent subsidise the financial reckless?

    In such hard economic times people need to learn to cut their cloth accordingly.

    Report abuse

  2. 2
    Charlie Drake

    Well said Lucy. For the first time ever I agree with something you say.

    Report abuse

  3. 3
    BAZZA

    Well Lucy and Charlie, perhaps when you are charged £25 for a letter to tell you something you already know, and the gas board charge you £25 for your gas bill and eletric, and water you may consider this to be excessive.
    There is no complaint that the bank should make a charge, but when it is totally excessive, someone has to make a stand.

    Report abuse

  4. 4
    Suellan Fowler

    I agree but the banks don’t play fair – I’ve just been charged for going overdrawn when I was not aware there was an overdraft facility! It was never asked for or agreed to. From Aug 08 this bank decided to apply a ‘reserve’ to accounts allowing you to go up to £500 over your balance charging £22.00 for every 5 days you were into the reserve. In other words, they slapped an overdraft facility on the account without asking when it was expressly asked that there was never to be an overdraft facility on this account. I could have paid the creditor 2 days late without incurring charges!

    It’s all very well saying people should manage their money but at the same time banks shouldn’t allow you to get into debt when you’ve expressly asked them not to place the facility there to do so.

    A letter is on it’s way to F.O as we speak since the bank refuse to discuss the matter with me!

    Report abuse

  5. 5
    Suellan Fowler

    By the way Lucy

    For ‘financially prudent’ read taxpayer

    For ‘financially reckless’ read banks bailed out by taxpayer

    The banks are the very best example of financial recklessness history has ever seen!

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  6. 6
    Lucy W

    Suellan (re#5), the Banks got in a mess trying to help the finacially irresposible who could not honour their debts.

    The financial prudent Asian economys saw the problem and withdrew from finaning such lending, hence the credit crunch.

    It is a myth the ‘no-one knew what was in these loan packages’ – The Asian economies did and decided not toget involved.

    Of course I would have to agree that the Banks were reckless as well, but thats no reason why the financially prudent should have to bail out the financially reckless.

    Report abuse

  7. 7
    tim

    Bank girl et al – I have never had the need for or wanted an overdraft, a credit card or had any bank charges. My salary goes into MY bank (as a taxpayer it is My bank) and I withdraw most of it, keeping only what is required for direct debits (I only do this as the companies such as electricity suppliers etc charge extra if you don’t use the DD facility). So why should I be charged to use the Cashpoint? I try never to set foot inside the bank itself, as you are subjected to what is basicaaly cold-calling. Banks are not charities, so there you are right – but we still pay your wages in other ways – ie we pay money in and the monkeys further up your tree invest our money, to try and make more money. When they get this right they get paid with a healthy bonus, when they get it wrong, they still get paid! and then we have to bail the banks out!!! and you have the nerve to say that the mass general public are thieves and should grow up?!

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